Trustees Of The New York City District Council Of Carpenters Pension Fund v. B…

Background

The petitioners sought confirmation and enforcement of a February 2, 2022, arbitration award under the Federal Arbitration Act and the Labor Management Relations Act. B and S Construction had signed a Project Labor Agreement Letter of Assent and became bound by the applicable project labor agreement, collective bargaining agreement, and the Funds’ collection policy. Those agreements required contributions to employee-benefit funds for covered work and required B and S to provide records for an audit. They also provided for arbitration of related disputes.

The petitioners audited B and S’s records for the period beginning September 11, 2017, but B and S failed to provide its books and records or submit to the audit. The audit estimated that B and S had failed to pay $5,225.92 in contributions. B and S received notice of the arbitration hearing but did not appear. The arbitrator ordered B and S to pay $9,880.61, consisting of the contribution deficiency, interest, promotional fund contributions, liquidated damages, attorneys’ fees, court costs, and arbitration costs.

The petitioners then filed this court action. B and S was served through the New York State Secretary of State but did not file an answer or otherwise oppose the petition.

Confirmation of the Arbitration Award

The court treated the unanswered petition as an unopposed request evaluated under a summary-judgment standard. Review of a labor arbitration award is narrowly limited: the court does not reconsider the arbitrator’s decision on the merits, but determines whether the arbitrator acted within the authority granted by the governing agreement.

The court found that B and S was bound by the agreements requiring contributions and arbitration. The arbitrator had applied those agreements and acted within the scope of her authority. The court therefore confirmed the arbitration award. The conclusion section states that the petition was GRANTED IN PART and that the petitioners were entitled to the $9,880.61 stated in the award.

Attorneys’ Fees and Costs

The petitioners also sought fees and costs incurred in this court action. The court determined that fees and costs were authorized by the collective bargaining agreement and were justified because B and S had refused to comply with the audit, failed to participate in arbitration, and failed to satisfy the award without justification.

The petitioners submitted records showing 5.9 hours of work and billing rates ranging from $120 to $275 per hour. The court approved the $275 hourly rate for the associate who graduated in 2016 but reduced the requested rate for the associate who graduated in 2021 to $225 per hour. It also approved $77 for service costs. The request for fees and costs was GRANTED IN PART, resulting in an award of $1,005 in attorneys’ fees and $77 in costs.

Interest and Disposition

The court awarded post-judgment interest at the statutory rate under 28 U.S.C. § 1961, accruing from the date judgment was entered until payment. Judge Lorna G. Schofield ordered a total award of $10,962.61, consisting of the $9,880.61 arbitration award, $1,005 in attorneys’ fees, and $77 in costs. The Clerk of Court was directed to close the case.